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Question 8
8. A, a 25-year-old male, was charged with 44 counts of rape allegedly committed
against X, a 22-year-old female and a deaf-mute. The Informations uniformly
alleged that A “willfully, unlawfully, and feloniously had sexual intercourse with X
who had a physical disability (hearing impairment)…” A contended that he and X
were sweethearts and their sexual trysts were consensual. He added that X was an
intelligent person capable of giving consent to their sexual activities. He further
pointed out that the Informations did not even allege the element of force or
intimidation. While the prosecution admitted that X was an intelligent person, it
countered that under the law, being a deaf-mute, she was deemed a person “deprived
of reason.” Is the prosecution correct? Reason(s).
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